R. v. Chand

R. v. Chand

Differentiate sentences by individual culpability and prospects for rehabilitation: impose an intermittent custodial sentence (90 days reduced to 82 for time served) concurrent with a two-year probation and stringent conditions for Lal because of active physical participation, breaches of bail and some prior record, but allow community-based intermittent custody to preserve rehabilitation; impose suspended sentence for Chand with 18 months probation including 75 hours community service, DNA order and a 10-year weapons prohibition because his role was minor, he had no prior record and rehabilitation predominated.

Citation
2015 BCSC 484
Parties
Crown: Regina; Accused: Kelvin Nikesh Chand; Accused: Danzel Nathaniel Lal
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
27 February 2015
Procedural Posture
Criminal Robbery and Assault / Sentencing
Outcome
Mr. Lal: guilty plea to robbery and assault; sentenced to 90 days intermittent custody (credited 8 days for 5 days in remand, net 82 days) with 45 days concurrent for assault; two-year probation with specific terms; victim fine surcharge $200 (Count1) and $100 (Count3); DNA samples ordered; lifetime weapons...
Legal Topics
Robbery, Assault, Sentencing, Probation, Intermittent Sentence, DNA Order, Victim Fine Surcharge, Weapons Prohibition
Source Language
English
Criminal Law Robbery Assault Sentencing Probation Intermittent Sentence DNA Order Victim Fine Surcharge +1 more

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Parties

Regina

Crown

Kelvin Nikesh Chand

Accused

Danzel Nathaniel Lal

Accused

Procedural Posture

Criminal Robbery and Assault / Sentencing

Legal Issues

  1. 1 Appropriate sentence for robbery and related assault
  2. 2 Differentiation of moral blame and role between co-accused
  3. 3 Weight to give rehabilitation versus denunciation and deterrence

Ratio Decidendi

Differentiate sentences by individual culpability and prospects for rehabilitation: impose an intermittent custodial sentence (90 days reduced to 82 for time served) concurrent with a two-year probation and stringent conditions for Lal because of active physical participation, breaches of bail and some prior record, but allow community-based intermittent custody to preserve rehabilitation; impose suspended sentence for Chand with 18 months probation including 75 hours community service, DNA order and a 10-year weapons prohibition because his role was minor, he had no prior record and rehabilitation predominated.

Court Disposition

Mr. Lal: guilty plea to robbery and assault; sentenced to 90 days intermittent custody (credited 8 days for 5 days in remand, net 82 days) with 45 days concurrent for assault; two-year probation with specific terms; victim fine surcharge $200 (Count1) and $100 (Count3); DNA samples ordered; lifetime weapons...

Orders

  • Danzel Nathaniel Lal: 90 days jail to be served intermittently for robbery, 45 days concurrent for assault; 8 days credit for time served reducing total to 82 days
  • Intermittent schedule for Lal to commence immediately and then successive three-day weekends from 7:00 p.m. Friday to 5:00 p.m. Sunday as specified